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Lesia FEDORAK, 

chairman of the Hrebinka district court of Poltava region,

Doctor of Law Sciences

CRIMINAL LAW POLICY DEFINITIONS OF MULTIPLE CRIMES IN THE PERIOD OF KIEVAN RUS AND ITS FEUDAL FRAGMENTATION

The article is devoted to the definition of Institute of plurality of crimes in the period of Kievan Rus and its feudal fragmentation. The article analyzes existing at the time of the sources of law. Especially those that directly or indirectly relate to the institution of multiple crimes. The article refers to the "Charter and Russian Law", analyses the treaties of Kyivan Rus with Byzantium, the Church's "statutes", including the Charter of Vladimir the Great, Yaroslav the Wise and others, which contained certain rules of criminal law. Analyzed and Russkaya Pravda, which consisted of Short, Extended and Abridged edition (XI–XIV century).

However, these sources did not contain any mention of the Institute, which today is called the multiplicity of crimes.

Also analyzed the so-called "Cormchi" books. Their appearance was the result of the spread of Christianity and a manifestation of close relations with Byzantium. Among them is the Law of judgment to the people. This Law was first mentioned on multiple crimes at the level of general norms.

In 1398, was formed a new Federal state. Are we talking about the Grand Duchy of Lithuania, Semantische and Russian. Ukrainian lands became part of the Principality specified. Therefore, in our lands starts the Lithuanian-Russian law. This is the Charter of Casimir of 1468, and the Lithuanian statutes: 1529 Old, Volyn 1566, New 1588 year.

Casimir's Charter and the statutes of Lithuania contained the first mention of responsibility for committing several crimes. These references contained at the level of only qualified signs of certain offences against property. Separately stands out the offence in the second, third time, fourth time and often. Also, Casimir the Charter and the statutes of Lithuania the first mention of the criminal business, in the modern sense of this concept.

Key words:multiple offenses, Kievan Rus, feudal development.

References

Sozansky T. I. Qualification of a set of crimes: dis. ... cand. jurid. Science: 12.00.08. Lviv, 2009. 222 p.[ukr.]

Strizhevska A. A. Set of crimes under the criminal law of Ukraine: dis. ... cand. jurid. Science: 12.00.08. K., 2007. 201 p. [ukr.]

Ustrytska N. I. Qualification of recidivism: dis. ... cand. jurid. Science: 12.00.08. Lviv, 2011. 209 p. [ukr.]

Fris P. L. Criminal and legal policy of Ukraine: dis. … Dr. jud. Science: 12.00.08. K., 2005. 440 p. [ukr.]

Stakhov Y. G. Organizational support of criminal policy / Russian investigator. 2004. № 5. p. 14–15. [ukr.]

Terlyuk I. History of the state and law of Ukraine: pre-modern time: textbook. way. / Lviv. state University of Internal Affairs affairs. K .: Attica, 2006. 161 p.

Legal encyclopedia: in 6 volumes / editor: Y. M. Shemshuchenko (chairman of the editor) and others. K .: Ukr. encyclical., 1998. 744 p. [ukr.]

Kulchytsky V., Tyshchyk B. History of the state and law of Ukraine: textbook. way. K .: Attica, 2001. 318 p. [ukr.]

Muzychenko P. History of the state and law of Ukraine: textbook. way. 5th ed., Corr. and add. K .: Knowledge, 2006. 437 p. [ukr.]

Kuzminets O., Kalinovsky V., Digtyar P. History of the state and law of Ukraine: textbook. way. K .: Ukraine, 2000. 427 p. [ukr.]

Shvydko G. History of the state and law of Ukraine (X-XIX centuries): textbook. way. Ministry of Education; Nat. Mining Academy of Ukraine. Dnepropetrovsk: DSU Publishing House, 1998. 175 p. [ukr.]

A textbook on the history of the state and law of Ukraine: in 2 volumes: textbook. way. for students. jurid. special higher lock education / ed. VD Goncharenko. View. 2nd, reworked. and add .: Vol. 1: From ancient times to the beginning of XX century. / way. V.D. Goncharenko, A.Y. Rogozhin, O.D. Svyatotsky. K .: Type. House "In Law", 2000. 472 p. [ukr.]

Golubets M. The great history of Ukraine: in 2 volumes. Lviv: Globus, 1993, preprint. revision. [ukr.]

Tagantsev N. S .Russian criminal law. The general part. SPb .: Gos. tip., 1902. 823 p.[russ.]

Krivoshein P. K. Repetition in Soviet criminal law: theoretical and practical problems. K .: Higher school, 1990. 159 p. [ukr.]

Russian legislation of the X-XX centuries: in 9 vols. Vol. 1: Legislation of Ancient Russia. M .: Jurid. lit., 1984. 432 p.[russ.]

Chemerinskaya V. V. Influence of the Byzantine law on the ancient Russian and Russian legislation of X – XVII centuries: experience of the comparative analysis: dis. ... cand. jurid. Science: 12.00.01. M., 2003. 186 p.[russ.]

Judicial law by the people of extensive and free edition / prep. to the press M. I. Tikhomirov, L. V. Milov; under. ed. and with vst. Art. acad. M. I. Tikhomirov. M .: Izd-vo Acad. Nauk SSSR, 1961. 286 s .: Bibliogr .: S. 283–285.[russ.]

Letter (court book) of Grand Duke Kazimir Jagajlovich in 1468 URL: http // constituanta.blogspot.com.[engl.]

Maikut H. V. Lithuanian Statutes and their application in Ukraine. Scientific Bulletin of Lviv State University of Internal Affairs. 2008. № 2. p. 1–9.[ukr.]